Utah Emancipation of Minor Law

Minors - Emancipation of Minor - Utah

15-2-1: Period of minority.

The period of minority extends in males and females to the age of eighteen years; but all minors obtain their majority by marriage. It is further provided that courts in divorce actions may order support to age 21.

30-1-9: Marriage by minors - Consent of parent or guardian - Juvenile court authorization.

78-3a-1004

Court procedure.

(1) Upon the filing of a petition in accordance with Section 78-3a-1003, the court shall schedule a pretrial hearing on the matter within 30 days.
(2) The court shall appoint a guardian ad litem in accordance with Section 78-3a-912 to represent the minor.
(3) At the hearing, the court shall consider the best interests of the minor according to the following:

(a) whether the minor is capable of assuming adult responsibilities;
(b) whether the minor is capable of living independently of his or her parents, guardian, or custodian;
(c) opinions and recommendations from the guardian ad litem, parents, guardian, or custodian, and any other evidence; and
(d) whether emancipation will create a risk of harm to the minor.

(4) If the court determines by clear and convincing evidence that emancipation is in the best interests of the minor, it shall issue a declaration of emancipation.

Enacted by Chapter 132, 2006 General Session 78-3a-1003. Petition for emancipation.

(1) A minor may petition the juvenile court on his or her own behalf in the district in which he or she resides for a declaration of emancipation. The petition shall be on a form provided by the clerk of the court, and state that the minor is:

(a) 16 years of age or older;
(b) capable of living independently of his or her parents or guardian; and
(c) capable of managing his or her own financial affairs.

(2) Notice of the petition shall be served on the minor's parents, guardian, any other person or agency with custody of the minor, and the Child and Family Support Division of the Office of the Attorney General, unless the court determines that service is impractical.

Enacted by Chapter 132, 2006 General Session